MOHAN LAL Vs. JAG MOHAN AND OTHERS

JUDGEMENT

(1.) This order will dispose of RSA No.1803 and 1804 of 2018 as identical questions of law and fact are involved for adjudication. For facility of reference, facts are taken from RSA No.1803 of 2018.

(2.) The present lis pertains to inheritance to the estate of deceased Jai Narain, father of plaintiffs/respondents No.1 to 9 and appellant/defendant being sons and daughters of late Sh. Jai Narain, resident of house No.2139, Mohalla Nai Basti, Rewari. Jagmohan and others, sons and daughters of Jai Narain filed the suit against Mohan Lal son of Jai Narain for partition of property owned by Sh. Jai Narain. It is averred that Jai Narain died intestate on 17.11.2003. After his death, plaintiffs and defendant became owner in possession of the suit property. Mutation No.13663 was sanctioned in this regard. Jai Narain used to reside with respondents/plaintiffs Suresh, Jagmohan, Ramesh, Naresh, Pawan and Lakshmi Devi, his wife till his death in house No.2139, Mohalla Nai Basti, Rewari and he never resided with defendant at Mohalla Bhajan Ka Bagh, Rewari. There was no question of Jai Narain having executed Will in favour of the appellant/defendant who never helped Jai Narain in his business. The Wills dated 16.07.1999 and 21.01.2000 in favour of the appellant/defendant is not conscious act of Jai Narain rather these are forged and suspicious one. The appellant has never shown these Wills to any revenue officer. Lakshmi Devi, widow of Jai Narain died on 21.01.2010 and her share in the property was also divided between the parties. The respondents/plaintiffs have 9/10 shares in the suit property and appellant/defendant is having 1/10th share. The property shown in Annexure A with blue colour is in possession of the defendant and with yellow colour in possession of Jagmohan, Suresh, Ramesh, Rakesh and Pawan and Naresh jointly. The property mentioned in Annexure B to D is in possession of plaintiff.

(3.) The appellant/defendant filed the written statement raising certain preliminary objections inter alia maintainability of the suit, suit being bad for partial partition and respondents/plaintiffs being estopped by their act and conduct to file the suit. Jai Narain was not in possession of the entire property in his lifetime and appellant is in exclusive possession of the property mentioned in Annexure A since the lifetime of his father. Jai Narain executed his first Will on 16.07.1999 vide which 25% of entire property movable and immovable was given to the appellant as he helped his father in his business and used to serve him. Subsequently, on 21.01.2000 Jai Narain executed another Will in favour of the appellant in sound disposing state of mind. He bequeathed entire property comprising rectangle No.184, killa Nos.18 and 23/1 in favour of the appellant. Killa No.18 is in possession of the appellant while killa No.23/1 is in illegal possession of warehouse. Killa No.19/2 is in possession of the appellant for the past more than 22 years as of right, peacefully, openly and without interruption and to the knowledge of respondents/plaintiffs as owner. Appellant has shifted his residence in Mohalla Bhajan Ka Bagh, Rewari after death of Jai Narain. Respondents/plaintiffs never served deceased Jai Narain and it was only the appellant who used to serve and help his father. Lakshmi died on 21.01.2010 but she had no share in the property in question.